West Virginia Theft Laws: Grand Larceny, Petit Larceny and Shoplifting

In West Virginia, theft becomes a felony when the property is worth $1,000 or more: under W. Va. Code 61-3-13(a), a person who "commits simple larceny of goods or chattels of the value of $1,000 or more" is guilty of grand larceny. Larceny of goods worth less than $1,000 is petit larceny, a misdemeanor. Shoplifting has its own statute and its own grades: under that statute it turns into a felony on a third or subsequent conviction, whatever the value, although entering a store with intent to commit larceny is separately a felony under 61-3-12. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia state theft law: larceny and related offenses in Chapter 61, Article 3 of the West Virginia Code (including 61-3-13, 61-3-18, 61-3-20, 61-3-24 and 61-3-24d), the shoplifting article (61-3A-1 through 61-3A-7), gift card larceny (61-4A-2), financial exploitation of an elderly person (61-2-29b), the recidivist statute (61-11-18), the motor vehicle theft offenses in Chapter 17A, Article 8 (17A-8-4, 17A-8-5, 17A-8-9 and 17A-8-13), stealing a companion animal (19-20-12), and, only where it reaches store or vehicle theft, entry of a non-dwelling building or a vehicle (61-3-12). It does not cover federal theft offenses, city or county ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

Grand larceny vs petit larceny in West Virginia

West Virginia did not replace common-law larceny with a single modern "theft" offense. Section 61-3-13 uses the term "simple larceny," which the code does not define there, and splits it into two grades by value. Several neighboring sections then declare other conduct to be "the larceny thereof," so it is punished on the same value scale:

• Receiving or transferring stolen goods. A person who buys, receives, conceals, transfers or "possesses any stolen goods or other thing of value, which he or she knows or has reason to believe has been stolen," is "guilty of the larceny thereof, and may be prosecuted although the principal offender has not been convicted" (W. Va. Code 61-3-18). The section exempts possession "while acting at the request of law enforcement or in cooperation with law enforcement." For a motor vehicle, W. Va. Code 17A-8-5 separately makes receiving, transferring or possessing one known or believed to be stolen a felony regardless of value (see the table of other theft offenses below).
• Property stolen in another state. A person who brings such property into West Virginia "shall be deemed guilty of the larceny thereof in the county in which such property may be found, used, converted or sold," and is punished as for larceny committed in the state (61-3-19).
• Checks and writings. Stealing "any bank note, check, or other writing or paper of value" is larceny punished "according to the value of the article stolen" (61-3-14).
• Things attached to land. Things that "savor of the realty," such as fixtures or produce of the land, "shall be deemed goods and chattels, of which larceny may be committed" (61-3-16).
• Embezzlement. An officer, agent, clerk or servant who "embezzles or fraudulently converts to his own use" property entrusted to them by virtue of their position "shall be guilty of the larceny thereof" (61-3-20). The same rule covers a person who misuses a power of attorney or other fiduciary relationship (61-3-20a).
• Fraudulent schemes. "Any person who willfully deprives another of any money, goods, property or services by means of fraudulent pretenses, representations or promises shall be guilty of the larceny thereof" (61-3-24d(a)).

West Virginia theft penalties by value

The penalties are written into 61-3-13 itself rather than into a separate class table. For grand larceny the statute reads that the person "shall be imprisoned in the penitentiary not less than one nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and shall be fined not more than $2,500." For petit larceny, the person "shall be confined in jail for a term not to exceed one year or fined not to exceed $2,500, or both, in the discretion of the court."

These are the ordinary statutory ranges, not a prediction of any sentence. The recidivist statute described below can raise a grand larceny sentence for a person with a prior prison-eligible conviction.

Adding values together

Two provisions let prosecutors combine amounts:

• For fraudulent schemes under 61-3-24d, "it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan" (61-3-24d(b)).
• For organized retail theft, "it is permissible to cumulate the value of merchandise obtained as part of a common scheme or plan" (61-3A-7(f)).

Repeat felony offenders: the recidivist statute

Repeat-offender rules for grand larceny sit in W. Va. Code 61-11-18, not in 61-3-13. That section lists "qualifying offenses," including felony violation of 61-3-12 (entry of a building other than a dwelling), "§61-3-13(a): Grand larceny," "Felony violation of §61-3-18: Receiving or transferring stolen goods," felony embezzlement under 61-3-20 and 61-3-20a, and felony false pretenses under 61-3-24.

• One prior. When a person is convicted of a qualifying offense and "had been previously convicted in the United States of a crime punishable by imprisonment in a state or federal correctional facility," the court "shall, if the sentence to be imposed is for a definite term of years, add five years to the time for which the person is or would be otherwise sentenced." For an indeterminate sentence, "the minimum term shall be twice the term of years otherwise provided for under the sentence" (61-11-18(b)).
• Two priors. When the person "has been twice previously convicted in the United States of a crime punishable by imprisonment in a state or federal correctional facility which has the same or substantially similar elements as a qualifying offense," the sentence is life imprisonment (61-11-18(d)). Prior convictions "arising from the same transaction or series of transactions shall be considered a single offense," and the most recent prior qualifying offense may not be considered if more than 20 years have passed between the person's release or end of supervision for it and the current conduct.

Petit larceny and third-offense shoplifting under 61-3A-3 are not among the qualifying offenses listed in 61-11-18(a).

Shoplifting in West Virginia

Shoplifting is its own crime under Article 3A, not a branch of grand or petit larceny, and its grades do not follow the $1,000 line. Under W. Va. Code 61-3A-1(a), a person commits shoplifting if, "with intent to appropriate merchandise without paying the merchant's stated price for the merchandise, such person, alone or in concert with another person, knowingly":

1. Conceals the merchandise on the person or in another manner;
2. Removes it, or causes its removal, from the store "or beyond the last station for payment";
3. Alters, transfers or removes a price marking;
4. Moves merchandise from one container to another;
5. Causes the register to show less than the stated price;
6. Removes a shopping cart from the premises; or
7. "Repudiates a card-not-present credit or debit transaction after having taken delivery of merchandise ordered from the merchant and does not return the merchandise or attempt to make other arrangements with the vendor."

Obtaining or attempting to obtain an exchange or refund for merchandise not bought from the store is also shoplifting (61-3A-1(b)). "Value of the merchandise" means "the merchant's stated price of the merchandise," except that for altering, transferring or removing a price marking, or causing a register to show less, it is "the difference between the merchant's stated price of the merchandise and the altered price." A "mercantile establishment" does not include "adjoining parking lots or adjoining areas of common use with other establishments" (61-3A-6(d), (f)).

Shoplifting penalties

Source: W. Va. Code 61-3A-3(a) to (c). On a third or subsequent conviction, if the court finds probable cause that the person "was abusing drugs or alcohol at the time of his or her arrest, it shall order an evaluation," and if it finds a substance use disorder it "may order that the defendant undergo treatment for the substance use disorder as part of his or her sentence" (61-3A-3(c)).

Three more rules apply to every shoplifting conviction:

• Mandatory penalty to the store. "In all cases of conviction for the offense of shoplifting, the court shall order the defendant to pay a penalty to the mercantile establishment involved in the amount of $50, or double the value of the merchandise involved, whichever is higher." The store can collect it "as in the case of a civil judgment," in addition to its right to recover the merchandise (61-3A-3(d)).
• Counting prior convictions. Courts "shall count convictions in other jurisdictions if that jurisdiction's offense has the same essential elements of this section, disregarding the value of the property shoplifted," but "shall not count prior convictions that occurred more than seven years prior to the date of the third or subsequent offense" (61-3A-3(e)).
• Evidence of price. Evidence of the stated price or ownership may include the merchandise itself, the unaltered price tag, or properly identified photographs, and a merchant may testify to the price (61-3A-2).

The statute sets these grades; it does not say what sentence a court will impose within them.

Entering a store with intent to steal

The shoplifting grades are not the only statute that can reach store theft. Under W. Va. Code 61-3-12, a person who "shall, at any time, break and enter, or shall enter without breaking, any office, shop, storehouse, warehouse, banking house, or any house or building, other than a dwelling house," "with intent to commit a felony or any larceny," is "guilty of a felony and, upon conviction, shall be confined in a state correctional facility not less than one nor more than 10 years." The section sets no minimum value. The same section makes entering an automobile, motorcar or bus "with like intent" a misdemeanor punishable by 2 to 12 months in jail and a fine of up to $100. Burglary is otherwise outside the scope of this page.

Theft detection devices

W. Va. Code 61-3A-4a makes it a crime to knowingly make, sell or distribute a "theft detection shielding device" (a laminated or coated bag or device designed to block a store's theft alarm), to possess one "with the intent to commit theft or retail theft," to possess a tag-removal tool with intent to use it without the merchant's permission, or to use either while shoplifting. Each is a misdemeanor with jail of "not less than thirty days nor more than one year, and fined not less than $250 nor more than $1,000" (61-3A-4a(g)). Removing a theft detection device by force or with a tool not designed for that purpose, before purchase, is a misdemeanor with a fine of $100 to $500 that cannot be suspended, up to 60 days in jail, or both (61-3A-4a(h)).

Organized retail theft

Under W. Va. Code 61-3A-7(a), "Any person who enters into a common scheme or plan with two or more other persons to violate the provisions of section one of this article involving merchandise of a cumulative value of $2,000 or more with the intent to sell, trade or otherwise distribute the merchandise shall be guilty of a felony." Every element is required, including the two or more other persons and the intent to sell, trade or distribute.

Offenses in more than one county "may be prosecuted in any county wherein any part of the offense was committed" (61-3A-7(g)). Proceeds may be forfeited under the Contraband Forfeiture Act, and at sentencing the court "may direct disgorgement to the victim or victims" (61-3A-7(h)).

Can a store detain someone suspected of shoplifting?

Yes, within limits. Section 61-3A-4 declares shoplifting a breach of the peace and provides that "any owner of merchandise, his agent or employee, or any law-enforcement officer who has reasonable ground to believe that a person has committed shoplifting, may detain such person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes, for the purpose of investigating whether or not such person has committed or attempted to commit shoplifting." Such a detention "shall not constitute an arrest nor shall it render the owner of merchandise, his agent or employee, liable to the person detained."

A separate rule covers store alarms. The activation of an anti-shoplifting or inventory control device when a person exits "shall constitute reasonable cause for the detention of the person so exiting," but only if "sufficient notice has been posted to advise the patrons that such a device is being utilized," and each detention must be "in a reasonable manner and only for a reasonable period of time" (61-3A-4a(i)).

Civil penalties: can a store make you pay after shoplifting?

W. Va. Code 61-3A-5 makes a person who commits any act described in 61-3A-1 civilly liable:

1. To restore the merchandise to the store;
2. If the merchandise cannot be recovered or is damaged, for actual damages including its value;
3. For other actual damages from the incident, "not including the loss of time or loss of wages incurred by the mercantile establishment or any merchant in connection with the apprehension and processing of the suspect"; and
4. "In all cases, for a penalty to be paid to the mercantile establishment in the amount of $50 or double the value of the merchandise, whichever is higher."

The rest of the section:

• Costs. "A merchant who is a prevailing party under this section is entitled to costs" (61-3A-5(b)).
• No conviction needed, no double penalty. "A conviction for the offense of theft by shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section. However, a merchant who has recovered the penalty prescribed by section three of this article is not entitled to recover the penalty imposed by this section" (61-3A-5(c)).
• Demand before suit. The right to sue does not limit the store's right "to demand, orally or in writing, that a person who is liable for damages or a penalty under this section remit said damages or penalty prior to the commencement of any legal action" (61-3A-5(d)).

These provisions set what a store can recover; they do not say how a particular demand should be answered. A lawyer licensed in West Virginia can advise on a specific demand letter.

Other theft offenses with their own grades

Several West Virginia offenses set their own felony line or penalty instead of using the grand and petit larceny scale:

The financial exploitation statute, which sits outside the property-crimes article, defines an "elderly person" as "a person who is 65 years or older," and it also lets values be combined where obtained "as part of a common scheme or plan" (61-2-29b(d), (h)).

Recent changes to West Virginia theft law

• Gift card larceny (2026). House Bill 4990 (Chapter 105, Acts of the 2026 Regular Session), approved by the Governor on March 27, 2026 and effective June 12, 2026, created the gift card offenses in Article 4A of Chapter 61, including larceny involving gift cards (61-4A-2).
• Emergency responder equipment (2025). House Bill 2066 (Chapter 76, Acts of the 2025 Regular Session), effective July 11, 2025, created 61-3-60.
• Third-offense shoplifting (2024). House Bill 4998 of the 2024 Regular Session amended the shoplifting penalty section, 61-3A-3, effective June 5, 2024.
• The $1,000 grand larceny line. The bill history for 61-3-13 lists a 2019 bill, House Bill 2815; that bill did not pass, and the current text of 61-3-13 is the one quoted on this page.

Related legal issues

Theft by false pretenses and fraudulent schemes overlap with consumer fraud, covered in West Virginia scam and fraud laws. Misuse of another person's identifying information is a separate offense, covered in West Virginia identity theft laws. Whether a past larceny or shoplifting conviction can be cleared is covered in West Virginia expungement laws, and time limits for bringing charges are in our guide to the West Virginia statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• West Virginia scam and fraud laws
• West Virginia identity theft laws
• West Virginia expungement laws
• West Virginia statute of limitations

This page provides general legal information about West Virginia theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in West Virginia.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in West Virginia?

Larceny of goods or chattels of the value of $1,000 or more is grand larceny, a felony, under W. Va. Code 61-3-13(a). Below $1,000 it is petit larceny, a misdemeanor.

Is stealing $1,000 a felony in West Virginia?

Yes, for ordinary larceny. Section 61-3-13(a) uses the words $1,000 or more, so property worth exactly $1,000 falls in grand larceny, punishable by 1 to 10 years in the penitentiary, or up to 1 year in jail at the court's discretion, and a fine of up to $2,500.

What is petit larceny in West Virginia?

Petit larceny is larceny of goods or chattels worth less than $1,000. It is a misdemeanor punishable by up to 1 year in jail, a fine of up to $2,500, or both (W. Va. Code 61-3-13(b)).

Is shoplifting a felony in West Virginia?

Under the shoplifting statute, a first or second conviction is a misdemeanor whatever the value, and a third or subsequent conviction is a felony regardless of value, with 1 to 10 years and a $500 to $5,000 fine (W. Va. Code 61-3A-3(c)). Separately, W. Va. Code 61-3-12 makes it a felony of 1 to 10 years to enter a shop or storehouse, with or without breaking, with intent to commit any larceny, regardless of value.

What is the penalty for a first shoplifting offense in West Virginia?

For merchandise worth $500 or less, the statute sets a fine of up to $250. Above $500, it is a fine of $100 to $500 that cannot be suspended, up to 60 days in jail, or both. The court must also order a penalty to the store of $50 or double the value, whichever is higher (W. Va. Code 61-3A-3(a), (d)).

Can a store in West Virginia make me pay a civil penalty for shoplifting?

W. Va. Code 61-3A-5 makes a person who commits shoplifting civilly liable for the merchandise, actual damages and a penalty of $50 or double the merchandise value, whichever is higher. No conviction is required, and the store may demand payment orally or in writing before suing. A store that already received the criminal-case penalty cannot recover the civil penalty too.

How long can a West Virginia store hold a suspected shoplifter?

An owner, agent, employee or officer with reasonable ground to believe a person shoplifted may detain the person in a reasonable manner and for a reasonable length of time not to exceed thirty minutes (W. Va. Code 61-3A-4).

What is organized retail theft in West Virginia?

Under W. Va. Code 61-3A-7, it is entering a common scheme with two or more other persons to shoplift merchandise of a cumulative value of $2,000 or more with intent to sell, trade or otherwise distribute it. It is a felony of 1 to 10 years or a $1,000 to $10,000 fine, or both, rising to 2 to 20 years at $10,000 or more.